Między zasadą demokratycznego państwa prawnego a prawem łaski – próba refleksji

The article addresses the controversy surrounding the right of pardon, especially in the form of individual abolition in Poland. This case is perceived differently in the literature and raises discrepancies in the jurisprudence. The Polish Supreme Court considers such abolition unacceptable, while the Constitutional Tribunal approves this form of grace. The main reason for the divergence of opinions is a different assessment of the impact of the principle of a democratic state of law on the right of pardon: opponents of individual abolition believe that it cannot be reconciled with the right to a fair trial and the principle of the presumption of innocence. At the same time, supporters claim that since the Constitution does not explicitly prohibit such amnesty, the head of state may exercise it.